Civil Secretariat FATA

FATA Institutional Strengthening Project (FISP)

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Report – Consultation meeting with FATA Parliamentarians on FATA Local Government Regulation 2012

Table of contents

S# Topic Page #

1. FATA Local Government Regulation- An overview 1

2. Opening remarks by Secretary SAFRON

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3. Presentation on FATA Local Government Reglations 2012 3

4. Discussion/comments by the FATA Parliamentarians 3

5. Remarks by Spokesperson to the President

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6. Concluding remarks by Governor Khyber Pakhtunkhwa 5

7. Annexure I (Press clippings) 6

8. Annexure II (list of participants) 7

9. Annexure III (Presentation by Mr.Rashid Ahmad) 8

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FATA Local Government Regulation 2012- An overview

Article 140 of the Constitution of Islamic Republic Pakistan directs for the constitution of Local Governments comprising of elected representatives of the people. In accordance with provision of the Constitution, Local Government law has been framed in all Provinces and Islamabad Capital Territory since long, however it has never been extended to FATA. Local Governments have worked in all provinces in particular brackets of time but due to absence of law, FATA has never endeavoured on this system. The present government has taken numerous initiatives for political empowerment of the people in FATA. In this regard major initiatives are; meaningful and far-reaching amendments in Frontier Crimes Regulation 1901, extension of Political Parties Order 2002 to FATA, setting up a FATA Tribunal with appellate jurisdiction and giving a proper structure and terms of reference to FATA Levies.

In continuation of its reforms agenda, the government has now decided to extend the Local Government System to FATA in a phased manner. In phase-1, the Municipal Committees represented by local populace in fourteen (14) urban hubs in seven agencies of FATA will be made functional. That will enable the tribesmen to address local problems and issues at the grass root level through their elected Municipal Committees, empowering them with regard to their immediate needs and ensuring their participation in decision making. Subsequent to that more urban areas may also be included in the Local Government System.

Development of appropriate Systems is one of the key components of the FATA Institutional Strengthening Project; thus, the FISP planned to support the FATA Secretariat and extended necessary assistance in preparation of Legal Framework and Model Financial Plan of the Local Government System in FATA. The draft regulation was prepared in consultation with stakeholders in FATA Secretariat and shared with FATA parliamentarians and media for comments. The consultative meeting with FATA legislators was also supported by the FISP.

Once approved by the President of Pakistan, the regulation will be notified by the Federal Government. The Governor would then extend the Regulation to urban hubs in a phased manner to ensure proper preparation and homework is carried out beforehand. Further support will also be required in drafting of procedures, rules, by laws for efficient working of the Municipal Committees to provide strong footing for the newly established Municipal Committees in FATA. FISP may continue to provide that support as well.

Communication support to the FATA Secretariat was also extended by the FISP communication team. A press release of the event was developed and shared with the news media through FATA Information Directorate, which has been published widely by leading national newspapers. (Press clippings attached as annexure-I)

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Report – Consultation session with FATA Parliamentarians on FATA Local Government Regulation 2012

The Ministry of State and Frontier Regions

(SAFRON), Government of Pakistan arranged a

consultative session on the draft FATA Local

Government Regulation 2012 at Khyber

Pakhtunkhwa House, Islamabad on August 02, 2012.

Barrister Masud Kausar, Governor, Khyber

Pakhtunkhwa chaired the consultative session

whereas the members of Senate and National

Assembly belonging to FATA, representatives of

Ministry of Law and Parliamentary Affairs, Ministry

of SAFRON, Government of Pakistan and

Additional Chief Secretary FATA as well as senior

officers of the Governor’s office and FATA

Secretariat also participated in the session. Senator

Farhatullah Babar, Spokesperson to the President

of Pakistan was also present on this occasion.

(Participants’ list attached as annexure-II)

UOpening remarks by Secretary SAFRON

The Secretary SAFRON, Government of Pakistan Mr. Habibullah Khan briefed the participants

regarding the need of introducing the Local Government system in FATA. He said that presently

legal framework for introduction of Local Government

system is non-existent in FATA and all matters are

governed through an executive order. He added that

though Local Governments do not exist anywhere in the

country, however, constitutional requirement for such a set

up is there and various provinces are either in the process

or have already approved new Local Government laws. He

explained the need for the introduction of Local Government system in FATA and said that

through this system the common people will have the opportunity to participate in the

government system. Under this system, local issues will be resolved at the local level whereas

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the major ones will be referred to the FATA legislators at national level. He clarified that an

process of consultations has been initiated on the draft law to bring all stakeholders including

Parliamentarians, political parties, CSOs, media, lawyers and the general citizens on board and

the draft would be amended suitably to cater to all suggestions down the line. He congratulated

all those who have worked on it. He added that this was also discussed during the June 13

consultative seminar on FATA political reforms held under the chairmanship of the Governor,

Khyber Pakhtunkhwa. During that session, the Governor had promised to share the draft with

the FATA parliamentarians and in was in the vein of that consultative process that the present

gathering was deliberating it In addition the document is loaded on the FATA website for

comments of all the stakeholders. Explaining salient features of the LG Regulation in FATA, he

said that the Municipal Committees would comprise of directly elected Members on general

seats and indirectly elected Members on reserve seats for women, minorities, peasants etc. The

powers of the Governor to suspend, dissolve a Committee or to give it directions could be

regulated through a Committee comprising Parliamentarians, Chairmen of Committees and

officers of FATA.

UPresentation on FATA LG Regulation by Mr. Rashid Ahmad

Following these introductory remarks, Mr. Rashid

Ahmad, the Short Term Technical Assistance hired by

the FATA Institutional Strengthening Project (FISP)

gave a presentation on the draft LG regulation. He

explained various clauses of the draft LG regulation

with details regarding the objectives and important

features of the regulation, Composition of the

Municipal Committees in FATA, the executive and

financial powers, major compulsory and optional functions, finances; budgeting, funds, taxation,

resources etc. (copy of presentation attached as annexure-III). At the end of the presentation,

he invited the participants to participate into an open discussion, point out any short comings in

their opinion in the proposed draft, raise any questions and give suggestions for improvement of

the draft.

UDiscussion/comments by FATA Parliamentarians

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Akhunzada Chittan MNA appreciated the efforts of the

Governor Khyber Pakhtunkhwa and the PPP government at

the federal level for initiatives on the empowerment of people

in FATA. However, he expressed concerns regarding Sections

13, 16 and 91of the draft LG regulations which empower the

Governor to dissolve the elected Council and allocate funds to

MCs.

The Secretary SAFRON, Mr. Habibullah Khan, clarified that these Articles are exceptions, rather

than the rule and would only come into the equation in case of a deadlock or impasse in the

working of the Council. The consultative process provides an opportunity to deliberate various

aspects of the new LG Regulation and suggest alternate measures in case there is any

observation by any legislator. FATA Secretariat is already working on having a Committee to

whom cases of alleged irregularities of MCs are referred to and the Committee then carries out

inquiry and submits its report to Governor. Any alternate mechanism could also be worked

upon.

Mr. Noorul Haq Qadri MNA said that all democratic

initiatives in FATA are well received by the inhabitants of

FATA, however the consultative process should be more

comprehensive and taken to the Agency level. He said that

Local Government system in FATA requires further

consultation and consensus. He suggested that the

proposed announcement of the regulation may be delayed

till the consultation process with all the groups is completed. He was of the view that elections of

the Chairman and Vice Chairman of the Council may be held directly.

Mr. Munir Orakzai, MNA asked a question about the geographical jurisdiction of the LG

Regulation and the ACS FATA informed that the 14 Urban Centers notified by the Fata

Secretariat under the Tribal Areas Rural to Urban Centres Conversion Initiative (TARUCCI)

shall be governed by the new regulations. Mr. Orakzai expressed his satisfaction with this

proposal and felt that there was no need to delay the announcement of extending Local

Government system in FATA.

Akhunzada Chittan MNA supported the remarks of Mr Munir Orakzai and said that the Local

Government is essential for the development and prosperity of FATA. The people of FATA have

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suffered a lot and the Local Governments are an ideal system to address their issues at the

grass root level.

URemarks by Senator Farhatullah Babar

Presidential Spokesperson, Mr. Farhatullah Babar,

congratulated FATA authorities, especially the Governor

KP, for making such a fine effort to introduce participatory

governance and ownership of the state system in FATA.

He however noted that the draft regulation was in nascent

stage and further work was required for its fine tuning. Its

significance is however crucial with reference to the

Political Parties Order, a step in planting the seeds of true democracy in the Tribal Areas. Issues

may come up on funding of the Local Government; one possible option could be to allocate

some of the development funds for the O&M until the MC's become self-sufficient. The powers

of Governor to dissolve the Council needs to be reviewed and an appropriate modus operandi

may be suggested. He was also of the opinion that its announcement should not be postponed

beyond the proposed date of August 14P

thP 2012.

Secretary SAFRON Mr. Habibullah Khan and Secretary to

the Governor, Mr. Abid Majeed explained the homework

done regarding the financing of the MCs until they are in a

position to sustain themselves. The Secretary to Governor

added that Section 1(3) of the draft provided that the

Governor may by notification extend particular clauses to

particular areas of FATA and therefore passage of the

Regulation did not automatically make it applicable across

FATA. The Governor would examine the enabling circumstances and fulfillment of requirements

including delimitation of wards, provision of HR and infrastructure and other essentials before he

extends the system to any of the urban hubs.

Engineer Shaukatullah, Minister SAFRON, said that the Tribal

People are inherently democratic and this endeavour will bring

about much needed change in governance structure. He

pointed out the need to ponder over the ramifications of this

regulation for those areas not included in the notified urban

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centers. Mr. Sajid Turi gave full support to this initiative, its announcement and extension

throughout FATA. He stated that there was no need to wait for perfect environment for

undertaking reforms in FATA as in the past such waiting had proved counter productive.

UConcluding remarks by Governor Khyber Pakhtunkhwa

Barrister Syed Masood Kausar thanked the FATA

Parliamentarians, Senator Babar, Secretary SAFRON,

rep of Law Division and other officers of FATA for

attending the meeting and giving meaningful inputs on

the draft LG regulation. He said that the present

government wanted to take this evolutionary process

to its logical end. It was the PPP government which

had introduced adult franchise in FATA previously and

the present government had not only carried out meaningful amendments in Frontier Crimes

Regulation after a century but also extended the Political Parties Order to FATA. He added that

there are hardships; however, the President and he are committed to implement reforms in

FATA so that the common citizens’ participation in the governance system is ensured and they

are able to struggle for, and bring positive changes to, their socio-economic conditions and

general environment. The views and comments shared today by the Parliamentarians are

important and will go a long way in determining the final draft of LG Regulation. We will ensure

that the input of all stakeholders are included and continue the consultative process, he

concluded.

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Annexure-I

Press Clippings

Meeting proposes more consultation on Fata LG system Saturday, August 04, 2012 PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered Tribal Areas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people. Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, Safron Division and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present. A presentation was given to the participants on the structure of future local government system in Fata.Fata Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people. However, they suggested that more deliberations were needed to improve the proposed system. Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government. He stressed the need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the local government system. The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholders over smooth execution of the Fata local government system.

August 5, 2012 Kausar hails draft of LG Regulations for Fata Suggests more consultation with stakeholders PESHAWAR: A high-level meeting at the Fata Secretariat hailed the draft Local Government Regulation for the Federally Administered Tribal Areas (Fata) but suggested more consultation with stakeholders to ensure that the system meets the civic needs of the tribal people. Governor Masood Kausar presided over the review meeting attended by the Fata legislators, senior officers of the Law Division, Safron Division and the Fata Secretariat. Spokesperson for the president Senator Farhatullah Babar was also present. A presentation was given to the participants on the structure of future local government system in Fata. Fata Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan praised the draft Local Government Regulation as that would give self-rule to the people. However, they suggested that more deliberations were needed to improve the proposed system. Senator Farhatullah Babar said the regulation could complement the Fata reforms process carried out by the government. He stressed the need for taking all the Fata groups on board before submission of a final draft to the federal government for approval of the local government system. The governor thanked the Fata legislators for attending the consultative meeting and called for evolving consensus among all the stakeholders over smooth execution of the Fata local government system.

August 5, 2012 Governor goes over LG regulations PESHAWAR: Governor Khyber Pakhtunkhwa Barrister Masud Kausar presided a review meeting graced by all the FATA legislators, senior officers of Law Division, SAFRON Division and the FATA Secretariat. Spokesperson to the President of Pakistan Senator Farhatullah Babar was also present at the moment. A detailed presentation was given to the participants of the meeting regarding the future structure of Local Government system in FATA. Speaking on the occasion FATA Parliamentarians Munir Orakzai, Maulana Noor ul Haq Qadri and Akhunzada Chittan valued the fast track endeavors of the FATA Secretariat for bringing the tribal areas at par with the rest of the country. They hailed Local Government Regulation Draft as another triumph, which would give realization to the people of FATA through its basic principle of self-rule. However, they suggested that more consultation with different FATA stakeholders be carried out so that it could rightly be commissioned to meet the civic needs of the tribal populace. Endorsing their perspective Senator Farhatullah Babar praised the energies that had been pooled to design a broad and all inclusive FATA Local Government framework. He emphasized over the complementary role this regulation could play in FATA Reforms Process carried out by the government. He stressed the need for taking all the FATA groups on board before the submission of final draft to the Federal Government for approval. Barrister Masud Kausar thanked the FATA legislators for attending the consultative meeting and expressed his desire for the development of consensus among all the stakeholders for smooth execution of the local government system in FATA. He referred to the popularity of local government system all over the world and stressed the need for participatory approaches in decision making. He expressed his conviction that this regulation would bring progress and prosperity to FATA also. "There might be hardships faced in the implementation of this system in FATA, we are committed to take this process to its logical end", he concluded.

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Annexure-II

Consultative meeting with FATA parliamentarians on FATA LG Regulation 2012 at Khyber Pakhtunkhwa House, Islamabad

on August 02, 2012

List of Participants

S# Name Designation

1. Barrister Syed Masood Kausar

Hon’ble Governor Khyber Pakhtunkhwa

2. Engineer Shaukatullah Minister SAFRON, Islamabad

3. Senator Farhatullah Babar Spokesperson to the President of Pakistan

4. Mr. Munir Orakzai MNA

5. Mr. Noorul Haq Qadri MNA

6. Sajid Hussain Turi MNA

7. Akhunzada Chittan MNA

8. Mr. Bilal Rahman MNA

9. Najmul Hassan Senator

10. Mr. Hidayatullah Senator

11. Mr. Habibullah Khan Secretary SAFRON Division, Islamabad

12. Dr. Tasfeen Khan Additional Chief Secretary, FATA

13. Mr. Abid Majeed Secretary to Governor, Khyber Pakhtunkhwa

14. Capt ® Munir Azam Secretary Admin & Coord; FATA Secretariat

15. Mr. Shakeel Qadir Khan Secretary P&D, FATA Secretariat

16. Mr. Zahoor Director LG FATA

17. Mr. Zia ur Rahman Section Officer, SAFRON, Islamabad

18. Mr. Zahid Siddiq Deputy Secretary, SAFRON , Islamabad

19. Mr. Omar Khan Project Director (TARUCCI), FATA Secretariat

20. Mr. Tasfeen Haider Deputy Secretary Admin, FATA Secretariat

21. Mr. Zia ur Rahman WSL Communication, FATA Institutional Strengthening Project (FISP)

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Annexure-III

PRESENTATION - FATA LOCAL GOVERNMENT REGULATION 2012 (DRAFT)